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How to File a Birth Defect Lawsuit

Modern technology and advancements in medicine have dramatically reduced the risks associated with birth. However, birth defects or injury is still a common occurrence.

A birth defect lawsuit seeks to pay your child's medical expenses, educational costs and other damages. You must prove that the medical professional who was involved has violated the standard medical care during or before pregnancy or delivery.

Damages

Pregnancy is one of the most exciting and nerve-wracking experiences a parent can experience. Parents want their babies to be perfect, and doctors attempt to do everything possible to stop birth defects from occurring. Unfortunately, carelessness and negligence on the part of medical professionals can increase the risk of birth injuries and birth defects. A family who is shocked by this circumstance should think about the possibility of suing over a birth defect.

A successful birth defect lawsuit may result in damages for a range of different things. This includes suffering and pain for the victim, loss of consortium and medical expenses, not to mention loss of earning capacity. The amount of damages the victim will be awarded is contingent on the degree of the child's health, and how much it has affected their standard of life.

Birth injuries and birth defects can be caused by a variety of causes that include exposure to environmental factors. Studies have proven that certain chemicals, like fungicides, pesticides lead, paints, and heavy metals can increase the chance of birth defects. Birth defect lawyers have brought suits against companies that exposed workers to these toxic chemicals, as well against pharmaceutical companies that have produced drugs that can cause birth defects in fetuses such as DES.

If you suspect that medical negligence caused the birth injury or birth defect, you must consult a lawyer for birth defects immediately. In some states, there's only one year to file a medical malpractice suit, and waiting any longer than that could mean losing your chance to obtain the justice you need for your child's injuries.

Statute of Limitations

A statute of limitations is a law that sets the time limit for a person to file an action in civil court. Anyone who fails to meet the deadline will lose the right to pursue a defendant for damages. Birth injury cases have more complicated statutes of limitations than other kinds of medical malpractice claims.

A lawsuit is typically filed against the doctor or the hospital who caused the patient's injuries during labor and birth. These cases are sometimes referred to as birthing injury lawsuits or wrongful birth lawsuits, however, Florida's laws allow parents to file a malpractice suit for the death of an infant.

To prove medical malpractice, the party who suffered will need to show that the doctor who was at fault was not able to meet the standard of care and consideration expected by another health medical professional in similar circumstances. This includes not being able to identify an illness of serious severity for example, low oxygen levels during childbirth that can cause cerebral palsy and brain damage.

Contacting a qualified attorney is the first step towards filing a lawsuit for birth defects. Many attorneys provide free consultations for potential clients. If the attorney is convinced that a client has a valid case, they will examine medical records and employ experts to examine the case. They can also assist in the preparation of documents and file the medical malpractice lawsuit within time.

Expert Witnesses

In a case with birth injuries, it is crucial to have medical experts that can explain to jurors the medical procedures and practices. However, expert witnesses can be difficult to work with since they must be able to scrutinize massive amounts of information and make decisions based upon facts rather than opinions. They must also be able to testify regarding facts that could contradict their positions.

In the Daubert case, the plaintiffs' experts suggested that Bendectin was the cause of their child's birth defect attorneys defects. The judge ruled that the evidence was on the "cutting edge of scientific research, where evidence meets theory and the certainty transforms into probability." However the judge did not believe there was enough evidence to prove that Bendectin increased the chance of developing birth defects.

The Daubert decision was an affront to plaintiffs who had sued pharmaceutical companies in the hope of obtaining justice. But there are numerous avenues that the injured party could pursue a lawsuit for birth defects.

A Philadelphia birth defect attorney can assist those suffering from birth defects to determine whether they're eligible for a claim. Lawyers can assist plaintiffs determine whether they are eligible to file a lawsuit as an individual or a class action. In some cases lawyers can bring a birth injury lawsuit as part of a multidistrict litigation (MDL). To begin by filling out the form below for a an initial consultation for free and confidential with a professional attorney.

Representation

Modern technology and recent advances in the field of medicine could have decreased the risk of complications that can occur during pregnancy and childbirth but they are not completely eliminated. Parents can take legal action if they suffer a birth defect or birth injury occurs, and the cause could have been prevented.

Medical negligence cases typically result from a doctor's inability to properly diagnose or treat a problem. Physicians may not perform an ultrasound or make a mistake in surgery, resulting in birth defects such as spina bifida. Birth defects can also be caused by improper medication taken by the mother or exposure to chemicals and other environmental dangers during the development of the baby in the womb.

A birth defect can affect any part of a newborn's body. It can affect their health, functioning and appearance. In some cases birth defects can drastically reduce a baby's life expectancy or lead to an enormous amount of medical costs.

Contact an attorney for birth defects today if you suspect that your child's birth defect or injury was the result of medical negligence or negligence during labor or pregnancy. A lawyer can explain your options and help file a claim prior to the statute of limitation expiring. A lawyer can also negotiate an agreement with the parties accountable for the harm to your child.